Chapter 5139-37 Detention Centers

Bureau of criminal identification and investigation: the office
of the attorney general that conducts background checks, receives and files
fingerprints, photographs and other information pertaining to arrested felons
and advises arresting officials of the facts pertaining to previous arrests or
convictions.

Chemical or medical restraint: a form of medical restraint in
which a drug is used to sedate or restrict the freedom of movement of children. The medication used is not part of the child's
normal medical treatment.

Child: an individual under the jurisdiction of the juvenile
court up to the age of twenty-one. As defined in division (C) of section
2152.02 of the Revised
Code.

Contraband: any item possessed by a confined juvenile or found
that is illegal by law or expressly prohibited by those legally charged with
the administration and operation of the facility or program.

Detention center: a facility established under section
2152.41 of the Revised Code for
the care and temporary confinement of children, as defined in division (C) of
section 2152.02 of the Revised Code
under the jurisdiction of the juvenile court, alleged to be delinquent, or who
are pending court adjudication, or disposition or as a result of a juvenile
sentence for a defined term.

Detention director: interchangeable with the title
superintendent, the on site final administrative authority at a detention
center.

Direct care staff: staff who are responsible and trained to
provide in-person supervision of and interaction with children in housing
units, recreational areas, dining areas, and other programs areas of the
facility.

Emergency: any significant disruption of normal facility or
agency procedure, policy or activity caused by a riot, escape, fire, natural or
man-made disaster, employee actions, self-injurious or suicidal behavior, or
other serious incident.

Emergency care: care for an acute illness or unexpected health
care need that cannot be deferred until the next scheduled sick call.

Emergency plans: written documentation that address specific
actions to be taken in an institutional emergency or catastrophe such as a
fire, flood, riot, or other major disruption.

Grievance: a complaint or formal notice
of a circumstance or action considered to be unjust and grounds for
complaint.

Health authority: the individual, government health agency, or
health care contractor responsible for the facility's health care services,
including arrangements for all levels of health and/or mental health care and
the ensuring of quality of, and accessibility to health and/or mental health
services. The health authority is led by licensed physician or physicians who,
virtue of education, experience and certification, are capable of assuming
responsibility for arranging and ensuring the quality of health and mental
health services.

Health care: the sum of all actions taken, preventive and
therapeutic, to provide for the physical and mental well-being of a population.
Includes access to medical and dental services, mental health services,
nursing, personal hygiene, dietary services, and environmental
conditions.

Magnetometer: an instrument for detecting the presence of
ferrous or magnetic materials, esp. one used to detect concealed
weapons.

Ohio Administrative Code: codified administrative rules,
adopted by an administrative agency pursuant to authority granted by the
general assembly to carry out the policies and intent of a statute enacted by
the general assembly.

Ohio Revised Code: all statues of a permanent and general
nature of the state as revised and consolidated into general provision, titles,
chapters, and sections shall be known and designated as the "Revised Code," for
which designation "R.C." may be substituted.

Orientation and pre-service training: the process following the
initial hiring process by which a newly hired employee is informed about the
facility, of his/her employment, and the facility
programs, policies, procedures, and expectations.

PCSA: public children services agency: the children's services
board or a county department of human services that has assumed the
administration of the children's services function prescribed by Chapter 5153.
of the Revised Code.

PCPA: private child placing agency - any association, as
defined in section 5103.02 of the Revised Code that
is certified pursuant to sections
5103.03 to
5103.05 of the Revised Code to
accept temporary, permanent, or legal custody of children and place the
children for either foster care or adoption.

Physical force: physical contact between staff and child to
protect the child from harming himself, herself, or others, to stop a child who
presents danger of escape, or property destruction that involves threat to the
child's safety or the safety of others in accordance with policy and
procedures.

Recommended standard: describes what are considered generally
accepted practices for detention centers.

Status offender: a child charged with a violation of a law or
municipal ordinance that would not be a criminal offense if committed by an
adult. Examples would be truancy or unruly offenses.

Searches:

Frisk search: a routine search of a juvenile's person, which
involves physical contact with the juvenile's outer clothing. The juvenile is
not required to remove clothing, with the exception of shoes, hat, and/or
jacket.

Hygiene search: an over all inspection of the skin and hair of
a person to look for communicable diseases, parasitic infestations or signs of
abuse, or contraband.

Strip search: an inspection of the genitalia, buttocks,
breasts, or undergarments of a person that is preceded by the removal or
rearrangement of some or all of the person's clothing that directly covers the
person's genitalia, buttocks, breasts, or undergarments.

Body cavity search: an inspection of the anal or vaginal cavity
of a person that is conducted visually or manually, by means of any instrument,
apparatus, or object, or any other manner. (section
2933.32 of the Revised
Code)

Room confinement: the involuntary
restriction of a child in a cell, room or other area identified by the
detention director or designee where egress is blocked and the child is
separated from the general population. Room confinement does not include normal
sleeping hours or for brief periods of transitions, such as shift changes.
Eliminates the term isolation or seclusion and uses a single term room
confinement. Medical isolation and self confinement are not considered room
confinement.

Medical isolation: the separation of a
child from the general population due to medical concerns or as ordered by the
medical health authority.

Self confinement: a voluntary request
by the child to remain or be placed in a cell or room where egress is
blocked.

Qualified medical professional: an
individual licensed to provide medical services in accordance with state law
and who has adequate education, training and experience to perform the duties
required in accordance with professional standards.

Time out: a brief removal of a child from general population
and into a separate area where egress is not blocked.

Training: an organized, planned, and evaluated
activity designed to achieve specific learning objectives. Training may occur
on -site at any academy or training center, at an
institution of higher learning, at national, state, and local training
conferences / seminars, through contract service at professional meetings, or
through closely supervised on-the-job training. Meetings of professional
associations are considered training when there is clear evidence of any of the
above elements.

(1)
Any detention center which believes that
it meets the requirements of Chapter 5139-37 of the Administrative Code, may
apply for approval and financial assistance on forms provided by the
department.

(2)
A new applicant
may apply to the department at any time. However, a period of sixty days may be
required to process the application.

(3)
Renewal applicants should submit, on an
annual basis, a formal application on forms provided by the department, sixty
days prior to the expiration of their current approval.

(4)
All information requested on the
application and supporting schedules shall be completed by the applicant.
Information requested on the application and supporting schedules, which does
not apply to the applicant, shall be indicated as "not applicable."

(5)
The application must be signed by the
appropriate authority and forwarded to the department.

(6)
A budget worksheet will be provided by
the department with the application form and will be used to determine the
eligibility of funding sources and operating expenses. Information is to be
furnished for the proposed fiscal budget and the prior completed fiscal year of
operation.

(a)
Funding sources - All sources
of funding are to be reported on the budget worksheet in order that eligibility
for funding by the department may be determined.

(i)
Nongeneral revenue funds - For purposes
of subsidy allocation determination, the following are considered to be
nongeneral revenue funds:

(ii)
Eligible funds - The determination of eligibility shall be funds generated
through the county general revenue fund. This also includes appropriated funds
to be used as matching and in-kind funds for various federal and state
subsidies and rotaries designed to fund the detention center.

(b)
Operating expenses - All
anticipated expenditures for the proposed fiscal year shall be reported in the
budget worksheet in the categories indicated. A chart of accounts will be
provided by the department with the application form and shall be used to
determine what category various expenses are to be reported under.

(1)
As part of the application
process, staff of the department will make an on-site visit to the facility and
review supporting materials to determine the agency's compliance with the
standards as set forth in Chapter 5139-37 of the Administrative Code.

(2)
The department shall make a
decision on the application and send one of the following to the applicant:

(a)
A notice of approval if the applicant
meets standards set forth in Chapter 5139-37 of the Administrative Code. The
approval is effective on the date of the signature of the director.

(b)
A provisional approval if the applicant
is temporarily unable to comply with one or more standards. The provisional
approval will have a plan approved by the department to correct the areas of
noncompliance in a stated time period. The provisional approval shall be issued
for no more than six months and is not renewable.

(c)
A notice of nonapproval if the applicant
has not demonstrated its compliance with the standards set forth in Chapter
5139-37 of the Administrative Code. The notice of nonapproval shall cite the
standard(s) which has/have not been met and shall be sent by certified mail.

(3)
A notice of
nonapproval is effective in thirty days unless appealed to the director of the
department. Such appeal shall include the right to have a peer review under the
provisions of paragraph (D)(1) of this rule.

(4)
Within thirty days following the receipt
of the appeal, the director shall render a decision in writing by certified
mail to the detention center or order that a hearing be conducted to consider
legal or factual issues of the appeal.

(5)
If a hearing is conducted, the director
shall render a decision in writing by certified mail to the detention center
within thirty days of the hearing. The decision of the director shall be final.

(1)
All approvals will automatically
expire one year from the date of issuance, unless revoked sooner or unless an
application for reapproval has been timely received and has not been finally
acted upon.

(2)
The department
shall be advised, in writing, of any proposed operational change of the
detention center so that the department can determine whether the change is in
conformance with Chapter 5139-37 of the Administrative Code.

(1)
If the department believes that a
detention center is in violation of provisions of Chapter 5139-37 of the
Administration Code, it will inform the detention center of its intention to
issue a letter of revocation under provisions of paragraph (D)(2) of this rule.
The detention center will be informed of its right to request a peer review.
The department shall establish policy and procedure which govern:

(2)
The failure of a
detention center to maintain compliance with the provisions of Chapter 5139-37
of the Administrative Code may result in the revocation of approval of the
detention center. Such revocation shall be in writing, specifying the
provision(s) of Chapter 5139-37 of the Administrative Code which has/have been
violated.

(3)
A revocation is
effective in thirty days unless appealed to the director of the department.

(4)
Within thirty days following
the receipt of the appeal, the director shall render a decision in writing by
certified mail to the detention center or order that a hearing be conducted to
consider legal or factual issues of the appeal.

(5)
If a hearing is conducted, the director
shall render a decision in writing by certified mail to the detention center
within thirty days of the hearing. The decision of the director shall be final.

(1)
The detention
center and its programs are managed by a single administrative officer to whom
all employees or units of management are responsible. The dention center is
managed by a court of jurisdiction or board of trustees.

(2)
There is a
policy manual that delineates written policy and procedure for operating and
maintaining the detention center. The manual is explained and made accessible
to all employees. There is an organizational chart for the detention center
staff that accurately reflects the structure of authority, responsibility and
accountability within the detention center.

(3)
The detention
center meets all applicable licensing requirements of the jurisdiction in which
it is located.

(4)
A child alleged to be or adjudicated a neglected,
abused, or dependent child may not be held in an adult facility, a secured
correctional facility, or a detention facility (section
2151.312 of the Revised
Code).

(1)
There exists a written statement that
describes the philosophy, goals or purposes of the detention center, which is
reviewed at least annually and updated if necessary. The detention center
director formulates and reviews specific facility goals and objectives.
Employees should be encouraged to participate in the formulation of facility
goals and objectives.

(2)
Written
policy and procedure provide for a communication system within the detention
center that requires, at a minimum, that the detention center director meet at
least monthly with supervisors and key staff. In addition, supervisors will
meet with staff members.

(3)
Written policy, procedure and practice demonstrate that employees participate
in the formulation of policies, procedures and programs.

(1)
The detention center shall have an
accounting system designed to show the current status of income and
expenditures.

(2)
Written policy
and procedure and practice provide that the detention center director is
responsible for fiscal management and control. Management of fiscal operations
may be delegated to a designated staff person.

(3)
Written policy and procedure and practice
provide that the detention center director shall prepare a written, annual
budget of anticipated expenditures for approval of the governing
jurisdiction.

(4)
Written policy
and procedure and practice cover at a minimum the following fiscal areas:
internal controls, petty cash, bonding for all appropriate staff, signature
control on checks, and the issuing or use of vouchers.

(5)
Written policy and procedure shall
provide that the facility's
budget request complies with policies, procedures and instructions of the
jurisdiction which the detention center is a part. Detention
center staff should have input in preparing the detention center's written
budget request.

(6)
Written policy,
procedure and practice govern inventory control of property, supplies, and
other assets. Inventories are conducted at time periods stipulated by
applicable statutes every two years.

(7)
Written policy, procedure and practice
govern the requisition and purchase of supplies equipment, including at a
minimum the purchasing procedures and criteria for the selection of bidders and
vendors.

(8)
Written policy,
procedure and practice provide for institutional insurance coverage, including
at a minimum the following: worker's compensation, general liability for
employees, automobile liability, civil liability, and public employee blanket
bond.

(9)
If there is a commissary
or canteen, strict controls are maintained over its operation and generally
accepted accounting procedures are followed.

(10)
Written policy, procedure and practice
prohibit any financial transactions
between juveniles, between juveniles and staff, and between juveniles and
volunteers.

(11)
Written policy,
procedure and practice provide an independent financial audit of the detention
center. This audit is to be conducted at least every two years.

(12)
Written policy, procedure and practice
regulate position control regarding position allocation, budget authorization,
personnel records, and payroll

(1)
A detention
center shall follow the bureau of criminal identification (BCII) and investigation process
to conduct a criminal records check
with respect to any prospective employee who has applied to the detention
center for appointment or employment.

(2)
The detention center shall inform each
prospective employee at the time of initial application, that as a precondition
to being approved for that position:

(a)
The
person is required to complete the BCII prescribed criminal records check form
and provide a set of fingerprint impressions; and

(3)
A detention center shall document that
any person hired after October 29, 1993 as director, child care staff,
caseworker, or in any other position responsible for a child's care in
out-of-home care shall not have been convicted of or pleaded guilty to any of
the offenses listed in paragraph (A)(4)(a) of this rule.

(4)
Except as provided in paragraph (A)(5) of
this rule, a detention center shall not, as of October 29, 1993, hire a
prospective employee as director, child care staff, caseworker, or in any other
position responsible for a child's care in out-of-home-care if the person has
been convicted of or pleaded guilty to any of the following offenses:

(b)
A violation of an existing or
former law of this state that is substantially equivalent to any of the
offenses listed in paragraph (A)(4)(a) of this rule.

(5)
A prospective employee convicted of or
who has pleaded guilty to an offense listed in paragraph (A)(4)(a) of this rule
may be hired by an detention center as a director, child care staff or
caseworker, or in any other position responsible for a child's care in
out-of-home care only if the following conditions have been met:

(a)
Where the offense was a misdemeanor, or
would have been a misdemeanor if conviction had occurred under the current
criminal code, at least three years have elapsed from the date the prospective
employee was fully discharged from any imprisonment or probation arising from
the conviction. A prospective employee who has had a misdemeanor record of
conviction sealed by a court pursuant to section
2953.32 of the Revised Code
shall be considered to have met this condition.

(b)
Where the offense was a felony, at least
ten years have elapsed since the person was fully discharged from imprisonment
or probation.

(d)
Hiring
the prospective employee will not jeopardize in any way the health, safety or
welfare of the children the agency serves. The following factors shall be
considered in determining whether to hire the prospective employee:

(xi)
Whether the person has been convicted of or pleaded guilty to a felony
contained in the Revised Code that is not listed in paragraph (A)(4)(a) of this
rule, if the felony bears a direct and substantial relationship to the duties
and responsibilities of the position being filed.

(6)
It is the prospective employee's duty to
provide written verification that the conditions specified in paragraph (A)(5)
of this rule are met. If the prospective employee fails to provide such proof
or if the detention center determines that the proof offered by the prospective
employee is inconclusive or insufficient, the person shall not be hired. Any
doubt shall be resolved in favor of protecting the children the detention
center serves.

(7)
To determine
whether a prospective employee is qualified to be hired pursuant to paragraph
(A)(4)(a) of this rule, a criminal records check shall be conducted pursuant to
this rule.

(8)
A detention center
may conditionally hire a prospective employee until the criminal records check
required by this rule is completed and the detention center receives the
results of the criminal record check, if the prospective employee submits to
the detention center a signed statement attesting that the prospective employee
has not been convicted of or pleaded guilty to any offense listed in paragraph
(A)(15)(a) of this rule. If the results of the criminal record check indicate
that the person does not qualify for employment, the detention center shall
release the person from employment.

(9)
The provisions of paragraph (A)(5) of
this rule must be considered for any prospective employee who has been
convicted of, or pleaded guilty to, one or more of the offenses listed in
paragraph (A)(4)(a) of this rule even if the person's record has been sealed by
a court pursuant to section
2953.32 of the Revised Code
because the information contained in the sealed record bears a direct and
substantial relationship to the care of children who may be entrusted to the
person's care.

(10)
A conviction
of, or plea of guilty to, an offense listed in paragraph (A)(4)(a) of this rule
shall not prevent a prospective employee's hire if the person has been granted
an unconditional pardon for the offense pursuant to Chapter 2967. of the
Revised Code or the conviction or guilty plea has been set aside pursuant to
law. "Unconditional pardon" includes a conditional pardon with respect to which
all conditions have been performed or have transpired.

(11)
Current employees suspected of
involvement in any of the offenses listed in paragraph (A)(4)(a) of this rule
shall be removed from contact with residents until the public children services
agency or law enforcement agency has completed its investigation and has made
applicable recommendations.

(12)
A
detention center shall assure that all staff hired or who are under any
personal service contract who are required by law to possess any professional
licensure or certification are so licensed or certified.

(13)
Each detention facility shall have a
written ethics policy that complies with the rules and regulations of the Ohio
ethics commission.

(1)
Each detention center shall have written policies and procedures concerning
personnel matters. The policies and procedures shall be approved by the parent
agency and be available to all employees.

(2)
Written policy and procedure provide for
provisional appointment to ensure the availability of personnel for short-term,
full-time or part-time work in an emergency situation.

(3)
Written policy and procedure provide for
a written annual performance evaluation of all employees, which is based on
defined criteria and is reviewed and discussed with the employee.

(4)
Written policy and procedure provide for
a current, accurate, and confidential personnel record for each employee;
confidentiality is ensured by restricting its availability to only the employee
who is the subject of the record and to other detention center employees who
have a need for the record in the performance of their duties. A written
procedure exists whereby the employee can challenge information in his or her
personnel file and have it corrected or removed if it proves to be
inaccurate.

(5)
There is a written
employee grievance procedure, which is available to all employees.

(1)
Each facility will have a written policy and procedure providing that all
direct care staff receive a minimum forty hours of orientation and pre-service
training before assuming independent responsibility for their work assignment.
Those forty hours are to include the core areas of:

(2)
Each facility will have a written policy
and procedure that all trainers and presenters for mandatory trainings are
qualified and have any of the following: a degree, licensure or certification.
All other trainings must have trainers or presenters who have at a minimum,
relevant verifiable experience in the topic material to be presented.

(3)
Each facility will have a written policy
and procedure requiring direct care staff to receive annual training of forty
hours in addition to the orientation training.

(4)
Each facility will have a written policy
and procedure providing that all supervisors receive forty hours of training in
the area of fundamental skills for supervisors and on relevant Ohio
administrative rules within the first year of appointment.

(5)
Each facility will have a written policy
and procedure providing that all facility directors/deputy directors receive
forty hours of training within the first year of appointment.

(1)
Training programs should
have curriculums that include interactive training and job shadowing
components.

(2)
Written policies
and procedures require that all employees, other than child-care staff, receive
at least sixteen hours minimum orientation training and, minimally, an
additional sixteen hours annually, appropriate to their work
assignment.

(g)
If the youth
is "sentenced" under section
2152.19 of the Revised
Code;

(h)
Sex, gender identity, and sexual orientation, including whether
the child appears or identifies as gender non-conforming in appearance or
manner or identification as lesbian, transgender or intersex;

(s)
Information about sexual abuse/assault signed by the child- as
required by PREA;

(2)
The admittance record is maintained as part of a file secured within the
detention center, separated according to an established format and safeguarded
from inappropriate disclosures, theft, loss or destruction.

(a)
The detention file includes at a minimum
the following information:

(2)
All sleeping rooms in detention facilities shall have a minimum of: access to
sanitation facilities to include: toilet(s) above floor level and wash basin(s)
available for use twenty-four hours a day; access to drinking water, lighting
in personal grooming areas, natural lighting from an opening or window or
within twenty (twenty) feet of the room, hot and cold running water, a bed
above floor level, and temperatures that are appropriate to the winter and
summer climate zones.

(3)
The interior finishing materials in juvenile living areas, exit areas and
places of public assembly are in accordance with applicable federal, state
and/or local fire and building codes. The authority having jurisdiction
annually documents compliance.

(4)
The detention
center conforms to applicable zoning ordinances or through legal means is
attempting to comply with or change such laws, codes or zoning
ordinances.

(5)
Written policy shall require that under no
circumstances shall a child confined in a detention center replace a janitor,
maintenance, caretaking staff or other staff normally maintained for operations
of the detention center.

(1)
Written policy and procedure and practice provide that
the detention center director and/or designee, in conjunction with the
detention center's governing body, shall develop and implement a system
designed to detect building and equipment deterioration, safety hazards and
unsanitary conditions, and to provide the proper reporting of needed correction
or modification. Such policies and procedures shall include a written plan for
a daily inspection of the detention center. Such inspection shall be recorded.
Maintenance records shall be kept and subject to review by authorized
personnel.

(2)
Written policy, procedure, and practice provide for
the control of vermin and pests by licensed professionals as
necessary.

(3)
Written policy, procedure and practice provide that
programs comply with all applicable governmental regulations and standards. At
a minimum, these policies cover the following:

(C)
The following standards are mandatory for new plants and additions. Recommended
for others: (new plants and/or additions will be any detention center built or
added onto since the last review cycle as published November 24, 2003).

(1)
With the exception of the
auditorium/gymnasium, the detention center shall contain air conditioning and a
back-up ventilation system.

(2)
Water for showers is temperature-controlled to provide an appropriate mix of
hot and cold water.

(3)
Hallways
within living units and/or to and from living units shall be no less than six
feet wide.

(4)
All housing units
and places of assembly for fifty or more persons shall have a minimum of two
exits.

(1)
If the detention center is on the grounds
of any other type of correctional detention center, it is a separate
self-contained unit.

(2)
The
detention center perimeter is secured in such a way that children remain within
the perimeter and that access by the general public is denied without proper
authorization.

(3)
The average
daily population for any given month does not exceed the rated capacity of the
detention center.

(4)
The detention
center is designed and constructed so that children can be grouped in
accordance with a classification plan. There is a minimum of one single
occupancy cell or room provided for observation of children having seriously
illness, mental health issues, injuries or non-ambulatory
children who may be held within the detention
center.

(5)
The detention center
operates with living units of no more than twenty-five children (see rule
5139-37-05 of the Administrative
Code).

(7)
Adequate
space is provided for the secure storage of janitorial supplies that are
accessible to the living unit. Each area is to be equipped with a sink,
cleaning implements and system of ventilation.

(8)
Adequate space is provided for the
storage of security equipment that is located in an area readily accessible to
authorized personnel.

(9)
The total
combined indoor activity area to include the gymnasium, multipurpose room,
library and all other leisure areas outside the living unit provides space
equivalent to a minimum of one hundred square feet per
child.

(10)
There are at least fifteen square feet
of floor space per child for those occupying the dining room and/or
dining area.

(11)
When the
detention center provides food service, the kitchen is a separate and distinct
area that includes space for food preparation based on the average daily
population, type of food preparation and methods of meal service.

(12)
School classrooms are designed in
conformity with local and state educational requirements.

(13)
Sufficient space is provided for a
visiting room or area of contact visiting.

There is adequate space provided for the screening and
searching of a
child and visitors. Space is provided for the storage of personal
property of visitors that will not be permitted into the visitation
area.

(14)
There is an
outdoor recreation area adequately designed to accommodate regularly scheduled
recreation and group athletic activities.

(16)
When medical
services are provided in house, the detention center has a medical room with
medical examination facilities and/or appropriate equipment
available.

(17)
When there is an
observation and/or security room separate from the living unit, such room shall
be equipped with accessible and useable plumbing fixtures and furniture
appropriate for the safety of the confined child

(26)
There is a
written policy, procedure and practice designed to detect internal and external
areas of building and equipment deterioration, safety hazards and unsanitary
conditions. Such procedures shall include reporting practices needed for
corrective measures and/or modifications.

(A)
The following
standards are mandatory for renovation, additions and new plants.

Recommended for existing: (renovations, additions and or new
plants will be designated as built or added onto since the last review cycle as
published November 24, 2003).

(1)
Children with disabilities are housed in a manner that
provides for their safety and security. Individual rooms or housing units used
by a child
with disabilities are designed for their use and provides for integration
with the general population. Appropriate detention center programs and
activities are accessible to a disabled
child
confined to the detention center.

(2)
Physical plant is designed to facilitate
personal contact and interaction between staff and child.

(3)
The detention
center shall have exits that are properly positioned, clear, distinct and
permanently marked in order to ensure the timely evacuation of children, staff
and visitors in the event of fire or other emergency.

(1)
Written
policy and procedure provides that the new detention center is built or that
the existing detention center expanded only after a needs evaluation study has
been prepared in conjunction with appropriate local and state bodies.

(2)
The detention center site location is
determined with participation from the community in which it is to be
located.

(3)
The detention center
is geographically accessible to juvenile justice agencies and community based
services to allow for continued contact between the youth and family, law
enforcement, prosecutors, court personnel, legal counsel, clergy, school
agencies and any other community agency working with a detained child.

(4)
A written program philosophy is developed
for the new detention center which includes but is not limited to:

(5)
There
is a designated day room area for each housing unit. The room is separate and
distinct from the sleeping area and can be immediately adjacent to and
accessible from the sleeping area.

(6)
There is a designated area for a
twenty-four hour control center to monitor the safety and security of the
detention center. The control center should have sufficient space for
monitoring and coordinating all internal and external security systems,
communication systems, safety alarms, detection systems and any other
mechanical or electrical system.

(7)
Written policy and procedure provides
that power generators are tested at least every two weeks and other emergency
equipment and systems are tested at least monthly for effectiveness and
repaired or replaced as necessary .

(1)
The detention center shall
have
exits that are clearly, distinctly, and permanently marked in order to ensure
the timely evacuation of children, staff and visitors in the event of fire or
other emergency. Posted exits signs and emergency equipment shall comply with
the recommendations of the local fire authority.

(2)
The detention center conforms to
applicable federal, state and local fire, health and building codes. A fire
alarm and automatic detection system is required. The authority having
jurisdiction annually documents compliance.

(3)
Written fire prevention procedures
specify practices to ensure the safety of staff, child and visitors. These
procedures shall include but will not be limited to:

(b)
Inspection by local
and/or state fire officials annually or as scheduled by state fire
marshal.

(4)
The
detention center complies with applicable federal, state and local sanitation,
safety and health codes and is inspected at least annually for compliance.
Written reports of inspections by state or local authorities should be kept on
file as assurance of continuing compliance with these codes.

(5)
In accordance with section
3794.02 of the Revised Code,
smoking will not be permitted inside any detention center, and will only be
permitted in designated areas outside of the detention center. These designated
areas must comply with section
3794.02 of the Revised Code.
Noncombustible receptacles for smoking materials and separate containers for
other combustible refuse are utilized at the outside smoking locations.

The detention center is equipped with noncombustible
receptacles for combustible refuse at readily accessible locations in the
living quarters and other locations throughout the detention center. Special
containers are provided for flammable liquids and for rags used with flammable
liquids. All receptacles and containers are emptied and cleaned
regularly.

(6)
Written
policy and procedure provide for a qualified fire and safety officer to perform
a comprehensive and thorough annual inspection of the detention center for
compliance with safety and fire prevention standards and for annual review of
this policy and procedure. There is a monthly fire and safety inspection of the
detention center by a qualified supervisor or other qualified staff member who
are familiar with safety and sanitation requirements of the jurisdiction. There
are monthly evacuation drills.

(7)
Written policy and procedure specify the detention center's fire prevention
regulations and practices to ensure the safety of staff, children and visitors.
These include, but are not limited to: provisions for an adequate fire
protection service, a system of fire inspection and testing of equipment at
least annually, an annual inspection by local or state fire officials or other
qualified person(s), and availability of fire hoses or extinguishers at
appropriate locations throughout the detention center.

(8)
The detention center has a written
evacuation plan prepared in the event of fire or major emergency that is
certified by an independent, outside inspector trained in the application of
appropriate codes. These plans are made available to all applicable personnel
and they are reviewed and updated annually and/or as needed. The plan includes
the location of building/room floor plans, use of exit signs and directional
arrows for traffic flow, location of publicly posted plan, monthly drills in
all occupied locations of the detention center, and staff drills when
evacuation of dangerous residents may not be included.

(9)
Written policy and procedure specify the
means for the prompt release of children from locked areas in case of
emergency, and provide for a secondary release system.

(10)
All detention center personnel are
trained in the implementation of written emergency plans.

(11)
Written policy and procedure govern the
control and use of all flammable, toxic and caustic materials. All flammable,
toxic, caustic materials should be stored in secure areas that are inaccessible
to children and a prescribed system should be used to account for their
distribution. Children should never possess such items unless under the close
supervision of staff.

(12)
The
detention center has a fire alarm system and an automatic detection system that
is approved by the authority having jurisdiction. All system elements are
tested on a quarterly basis, unless approved by the authority having
jurisdiction. The adequacy and operation of the system are approved by the
state fire official or other authority annually.

(13)
Within ninety days after the effective
date of this rule, specifications for the selection and approval of new
furnishings indicate the fire safety performance requirements of the materials
selected. Such materials are subject to careful fire safety evaluation before
purchase or use. Neoprene or cotton mattresses treated with boric acid are
recommended. Foamed plastics or foamed rubber such as polyurethane, polystyrene
are not to be used in any living area.

(14)
The detention center has available to it
the services of a qualified fire and safety officer who reviews all policies
and procedures related to safety and fire prevention.

(1)
Limit the use of physical
force to protect the child from harming himself,
herself, or others, to stop a child who presents a danger of escape, to remove a
child from the general population if the child is disrupting operations,
or engaging in property destruction that involves a threat to the child's safety or the safety of others and in accordance with
appropriate statutory authority. In no event is
physical force justifiable as punishment.

(2)
Ensure that children involved in
incidents of physical force must receive an appropriate and timely evaluation to determine the need for
medical treatment. The evaluation may not be conducted by an employee directly
involved in the incident.

(3)
Require a timely written report following all uses of physical force that is
submitted to and reviewed by the detention center director or
designee.

(4)
All uses of physical
force shall be reviewed and evaluated in accordance with policies and
procedures.

(3)
Searches are of the same gender as the
individual being searched except in exigent circumstances, including but not
limited to appropriate search techniques of trans gender and
intersex.

(4)
Frisk searches of a
child may be conducted in accordance with the facility's policies and
procedures. Children who are entering or who have entered a detention center
may be searched by: the use of a magnetometer or similar device; by a frisk
search of the child; and by an examination of any personal effects within the
detention center. Such searches must be conducted
uniformly.

(5)
Hygiene
searches may be conducted on any child entering a detention center by visually
observing child while changing into clothing that is required to be worn within
the detention center. This may be for the purpose of hygiene search, to detect
contraband, and for mandatory reporting of child abuse and/or to detect
pre-existing injury.

(6)
Strip
searches of children may be conducted with the approval of the supervisor on
duty of each center. Strip searches are to be conducted
in the manner that affords the greatest degree of privacy, taking into
consideration safety and security. Strip searches may be
conducted if there is a reasonable suspicion that the
child may convey contraband into the detention center. This reasonable
suspicion must be based upon:

(D)
Policy and procedure shall require that a
constant ratio of twelve children to one child-care worker be maintained during
waking hours and twenty five children to one child care worker during sleeping
hours. Policy and procedure shall require one staff member of each sex be on
duty when male and female children are housed. Also that if all residents are
all of the same sex, that at least that one staff member of that gender be on
duty at all times.

(E)
There is a
manual containing the detention center's policies and procedures for security
and control, which includes detailed instructions for implementing these
procedures; the manual is accessible to all personnel and is reviewed annually
and updated as necessary.

(F)
Written policy and procedure shall govern the availability, control and use of
defensive aerosols and related security devices, policies on
decontamination process and follow up medical care. Chemical agents and related
security devices are used only in accordance with the written policy and
procedure. A written report is prepared following all incidents and is
submitted to the detention center director.

(G)
Written policy and procedure require that
all security perimeter entrances, exterior doors and all doors the detention
center director determines should be locked are kept locked, except when used
for admission or exit of employees, detained children or visitors, and in
emergencies.

(H)
The detention
center has a system to physically count children that includes strict
accountability for children assigned to work and educational release, furloughs
and other approved temporary absences.

(J)
Written policy and procedure require that
supervisory staff maintain a permanent log and prepare shift reports that
record routine and emergency situations.

(K)
Written policy and procedure provide for
notifying appropriate staff of increases and decreases in the population on a
shift -by-shift basis.

(L)
Written
policy and procedure provide for weekly inspection and maintenance of security
devices; corrective action is initiated when necessary.

(M)
Written policy and procedure require that
first line supervisory staff inspect every area of the detention center daily
and submit a written report to an administrative official for review whenever
deficiencies are noted.

(N)
Written
policy and procedure require that the detention center director or designee and
other department heads interact with children in living and activity
areas.

(O)
The policy regarding
searches for the control of contraband is accessible to staff and reviewed with
the child upon admission. It will be reviewed at least annually and updated if
necessary.

(P)
Written policy and
procedure provide that staff regulate the movement of children.

(Q)
Written policy and procedure require
children in the general population be observed,
at a
minimum, every thirty minutes during sleeping
hours.
The verification of the contact shall be documented.

(R)
All special incidents, including but not
limited to, the taking of hostages, use of restraint equipment or the use of
physical force are reported in writing, dated and signed by the staff person
reporting the incident. The report is placed in the child's case record and
reviewed by the detention center director and/or the parent agency.

(S)
Except in emergency situations, firearms
are not permitted in the detention center beyond what the detention center
director has defined as the security perimeter of the detention
center.

(U)
Written policy and procedure govern the
control and use of tools, medical and culinary equipment.

(V)
There are written operational shift
assignments or post orders that state the duties and responsibilities for each
assigned position in the detention center. These shift assignments are reviewed
at least annually and updated if necessary.

(W)
There are written procedures for handling
escapes, runaways and unauthorized absences. These are reviewed at least
annually and updated as necessary.

(X)
Written policy and procedure provide that
all individuals injured in an incident receive an appropriate evaluation to
determine the need for medical treatment.

(Y)
Written plans govern space arrangements
and procedures to follow in the event of a group arrest that exceeds the
maximum capacity of the juvenile detention center; these plans are reviewed
annually and updated if necessary.

(Z)
Written policy and procedure provide for
a communications system within the detention center, and between the detention
center and the community, in the event of an emergency.

(AA)
Written policy and procedure provide
that the detention center maintain a written record of routine and emergency
distribution and use of restraining devices.

(BB)
Written policy and procedure provide
that instruments of restraint are never applied as punishment and are applied
only in accordance with written policy and procedure.

(1)
Written policy and procedure and practice provide that an adequate diet
including snacks, when provided, incorporate the four basic food groups based
on the most recent dietary allowance is provided to all children. Menus are
reviewed and approved annually by the responsible health care authority or a
registered dietitian.

(2)
Written
policy and procedure and practice provide that there shall not be more than
fourteen hours between meals and at least three meals and a snack shall be made
available at regular times during each twenty-four hour period. At least one of
these meals shall be a hot meal.

(3)
Written policy and procedure shall
provide that any detention center housing residents in need of medically
prescribed therapeutic diets shall have documentary evidence that such diets
are provided as ordered by the responsible health care authority. The detention
center director and/or designee shall document the administration of the meals
as ordered.

(4)
Written policy and procedure that provide special
diets for children whose religious beliefs require adherence to religious
dietary laws.

(5)
Written policy that
prohibits meals and/or snacks being withheld in any punitive manner as a consequence
of behavior.

(6)
Written policy and procedure specifying that food service shall be properly supervised and
shall comply with applicable sanitation and health code as promulgated by
federal, state, and local authorities.

(1)
Written policy and procedure shall
designate that each detention center shall have a person on staff or contract
with an outside agency responsible for the overall preparation and distribution
of all meals assuring the utilization of acceptable food handling
practices.

(2)
The food service
plan provides for a single menu for residents and staff.

(3)
Menus shall be planned at least a week in
advance. Records of food purchased and menus shall be filed for one
year.

(4)
Upon reasonable request,
a snack may be provided to a child when admitted to a detention
center.

(A)
Children shall be provided the
opportunity for daily showers and showers after strenuous activities.

(B)
Written policy, procedure, and practice
provide that the detention center shall provide basic personal hygiene supplies
to the child.

(C)
Written policy,
procedure, and practice shall designate specific duties that the residents must
assume in the care and upkeep of their own sleeping and living quarters. Each
child shall be provided a bed, mattress and a supply of clean linens. Bed
linens and mattresses shall be cleaned and when necessary disinfected prior to
reissue.

(1)
Written policy and procedure require each
detention center to have a health authority designated for the medical supervision, care and
treatment of residents. The detention center shall ensure twenty-four-hour
availability of consultation, advice and emergency services response. Such
resources shall be located in the same or nearby community.

(2)
Written health care policies and
procedures shall be approved and signed by the responsible health care
authority annually.

(3)
Written
policy and procedure require that all medicines be administered only by trained
staff as directed by the health authority.

(4)
Policy and procedure require that within
seven days after an admission an examination shall be performed and recorded by
a physician and/or qualified health personnel to determine the apparent health
of the child. Medical arrangements for community follow-up upon a child's
discharge shall be coordinated as identified by the health authority.

(5)
Written policy and procedure provide for
the prompt notification of parents/guardians of the child as well as the
responsible agency in case of serious illness, serious surgery, serious injury
and death.

(6)
Written policy and
procedure require the safe and secure management, storage distribution and
control of all drugs, medical records and supplies to be maintained at all
times as applicable to facilities with pharmacies.

(7)
Written policy and procedure require that
a medical record be maintained on each child, which shall include pertinent
information concerning illnesses, communicable diseases, physical
abnormalities, allergies and the administration of treatment. Confidentiality
shall be maintained in accordance to state and federal law.

(8)
Written policy and procedure require a
written plan for the staff's response to children who are identified as
potentially suicidal.

(9)
Written
policy and procedure require that first-aid kits are available. The responsible
health care authority approves the contents, number, location and procedure for
periodic inspection of the kits.

(10)
Written policy prohibits the
administration of stimulants, tranquilizers, and/or other psychotropic drugs
used to induce chemical or medical restraint solely for the purpose of behavior
management.

(1)
Written policy and procedure require initial health screening of all children,
including intra-system transfers, upon arrival at the detention center. The
screening shall be performed by qualified health care personnel or by other
personnel trained in health screening techniques. All findings are recorded on
a screening form approved by the responsible health authority.

(2)
Written policy and procedure shall be
developed and implemented for medical isolation under the direction of
qualified health care personnel.

(3)
Written policy and procedure require that
the responsibility for arranging emergency treatment of dental needs be that of
the detention center in conjunction with the responsible health care
authority.

(4)
Written policy and
procedure provide that necessary medical services, which cannot be provided
within the detention center, be provided at a nearby hospital or other
appropriate medical facility.

(5)
Written policy and procedure provide that direct care staff and other personnel
are provided with a training program that is approved by the responsible health
authority in cooperation with the detention center director and includes the
following:

(a)
Recognition of signs and
symptoms, and knowledge of action required in potential emergency
situations;

(b)
Administration of
first aid and cardiopulmonary resuscitation (CPR);

(6)
An adequate and proper supply of
antidotes and other emergency drugs, and related information, is readily
available to trained staff to meet the needs of the detention center. Such
antidotes and emergency drugs are administered only as prescribed by a
qualified health authority.

(7)
The
detention center has written policy and procedure governing the development,
and subsequent updating, of a detention center formulary or drug list for
pharmaceuticals stocked by the detention center.

(8)
Written policy and procedure require that
a child be informed of the procedures for gaining unimpeded access to medical
services.

(9)
Written policy and
procedure specify that emergency mental health services for children be
provided by qualified mental health professionals.

(10)
Written policy and procedure provide for
informing appropriate staff of special medical and mental health problems of
children.

(3)
The right to have
his/her opinions heard and to be assured reasonable due process in all
matters.

(4)
The right to receive
adequate and appropriate food, clothing, and housing.

(5)
The right to participate in an
appropriate educational and/or vocational program.

(B)
The detention center shall have a written
policy and
procedure to ensure the right
of a
child to have access to courts , including the right to reasonable and confidential access
to counsel though attorneys and their authorized representatives as well as
access to courts and legal materials provided by the attorney or
courts.

(C)
The detention
center shall have written policies and procedures regarding the photographing
and audio or audio-visual recordings of children in
their custody which require that:

(1)
The
written consent of a childand the child's
parent(s) or guardian be obtained before the child is
photographed for fund raising or program publicity purposes.

(2)
All photographs and recordings are used
in a manner which respects the dignity and confidentiality of the
child.

(D)
The discipline policies and procedures of
the detention center shall incorporate the philosophy that discipline is to be
both constructive and educational in nature. The detention center's discipline
policies and procedures shall prohibit all acts of punishments including, but
not limited to:

(1)
Any type of
corporal punishment inflicted in any manner upon the
body .

(2)
The assignment of physically strenuous
harsh work or exercises, when used solely as a means of punishment.

(3)
Requiring or forcing a
child
to maintain an uncomfortable position, such as squatting or bending, or
requiring a child to continuously repeat physical movements when
used solely as a means of punishment.

(4)
Group punishments for the behavior of an
individual, except in accordance with a recognized therapeutic modality and as
described by written detention center's policy.

(A)
Written policy and procedure require that
behavior management program include all acts that are prohibited within the
facility, sanctions that can be imposed for various degrees of violation, and
system of reinforcing positive behavior. When a literacy or language problem
prevents a child from understanding the rules, a staff member or translator
will assist the child in understanding the rules. The written rules are
reviewed annually and updated, if necessary.

(B)
Written policy and procedure require that
within a reasonable length of time, depending on child's demeanor and behavior,
the child has the cause for any disciplinary action explained to him/her and
has an opportunity to explain the behavior leading to disciplinary
action.

(C)
Written policy and
procedure allow the facility to utilize "time out" for youth found to have
violated rules of the detention center.

(D)
Written policy and procedure shall
require the employees prepare a disciplinary report when a child has committed
a violation of detention center facility rules.

(E)
Written policy and procedure shall
outline the use of room confinement, medical isolation, and self- confinement:

(1)
Room confinement shall not be used for
punishment, administrative convenience, retaliation, staffing shortages absent
exigent circumstances, or reasons other than a temporary response to behavior
that threatens immediate harm to a child or others.

(2)
Written policy and procedure require that
children who are in room confinement including those in
medical isolation and self-confinement be observed at
least every fifteen minutes and that
verification of contact shall be documented.

(3)
Written policy and procedures
require that room confinement is reviewed by each
shift and documented. Within twenty-four hours, the detention center
director/designee shall review the room confinement and document the continued
need for room confinement. During any room confinement extending beyond
twenty-four hours, the detention center director/ designee
shall review once each morning and once each evening the continued need for
room confinement and shall be documented.

(4)
For children who are in self confinement,
staff shall attempt to engage the child in programming at least every shift and
attempt to determine the reason that the child is in self confinement and if
that reason can be resolved.

(5)
For a child on medical isolation, the child shall be placed on and removed from isolation by the
health authority.

(F)
Written policy and procedure provide for review of all disciplinary reports by
the detention center director administrator or his/her designee to assure
conformity with policies and procedures.

(G)
Written policy and procedure ensure that
a child shall have a right to a review of disciplinary actions by a supervisory
or administrative staff member who has not been a party to the disciplinary
action.

(1)
Admission to detention and release shall be pursuant to and in accordance with
the laws of arrest and / or in accordance to a court order.

(2)
Written policy, procedure, and practice
that newly admitted children receive written orientation materials and/or
translation in their own language if they have limited English proficiency.
When a literacy problem exists, a staff member shall assist the child in
understanding the material. Completion of orientation is documented by a
statement signed and dated by the child.

(c)
One
employee shall be designated on duty in-house and empowered with hold/release
authority.

(3)
Written
policy and procedure shall require that a designated employee be responsible
for notification to parents, guardians, and custodians (individual or agency)
of the children being detained in their center.

(4)
Written policy and procedure shall
require that after the admission of a child, the detention center shall attempt
to verify prescribed medications and the proper dosages of these medications.
Staff shall ensure that the medications are administered at the time intervals
prescribed by the appropriate medical authority.

(5)
Written policy and procedure require that
each child be afforded the opportunity to shower and be provided clean clothing
upon admission.

(6)
Written policy
and procedure shall require that upon admission, each child shall be provided
written orientation material which explains, behavior expectations, privileges,
rights and responsibilities, the contents of the Prison Rape Elimination Act of
2003 and how to access medical services and disaster procedures while a
resident of the center.

(7)
All
releases shall be approved by the court of competent jurisdiction or other
appropriate authority.

(8)
Written
policy and procedure shall require that upon admission, a decision on where to
house and how to classify the child shall be made, including any information
gathered during the intake process that could impact the child's
safety.

(1)
Children are not
permitted to perform any work prohibited by state and federal regulations and
statutes pertaining to child labor.

(2)
Academic programs in detention facilities
are designed to assist detained children in keeping current with their studies
and are available at a minimum amount of time per school calendar day as
required by Ohio department of education standards. Restriction of educational
programs can be approved only by the detention center director /
designee.

(3)
All academic teachers
are licensed by the Ohio department of education.

(4)
Vocational supervisors and instructors
are licensed or accredited by the state or jurisdiction in which the detention
center is located.

(5)
Written
policy and procedure provide a recreational and leisure time plan that
includes, at a minimum, at least one hour per day of organized group large
muscle activity, and one hour of structured leisure time activity.

(6)
Written policy and procedure require that
the center shall provide reasonable access to religious programs. No negative
consequences will accrue from a child's refusal to participate in a religious
service or religious function. All religions will be afforded equal status and
protection, subject to the limitations necessary to maintain order and
security.

(3)
Written policy and procedure require that
applicable programs are initiated for children upon entry to the detention
center.

(4)
Written policy and
procedure require that the detention center have staff that coordinate and
supervise the recreational program.

(5)
Written policy and procedure require that
library services be made available to all detained children. Written policy
outlines specific criteria for utilizing, selecting and maintaining appropriate
materials.

(6)
Written policy and
procedure provide that work assignments will not conflict with educational
programs.

(1)
Each detention center shall have a
written policy and procedure governing visitation that fosters family
contact.

(2)
Provisions shall be
made for the residents or staff on behalf of the children to call, not collect,
or visit with their attorney of record or their representative at any
reasonable time except for documented reasons of safety and security and may
only then be temporarily denied upon authorization of the director. Attorney
calls or visits will not be monitored and take place in a confidential setting
but will be documented.

(3)
Visitation dates, times and practices shall be in writing, and shall be made
readily available to all children, parents, legal guardians, custodians and
attorneys. Visitation shall include visits from the
child's parents, legal guardians, custodians and attorneys.

(4)
Each detention center shall have a
written policy and procedure governing the handling of resident's
mail.

(5)
Each detention center
shall have a written policy and procedure that governs access to telephone
communications.

(6)
A child must be
informed of the right to telephone their parents and attorney during the intake
process.

(7)
The child may receive
special visits at reasonable times by adult family members, the child's
biological child or children, clergy, teachers or other individuals with the
prior approval of the detention center director / designee.

(8)
Prior to visitation, children shall be
notified who is there to visit. Children have the privilege of refusing to see
any particular visitor and end any visit at any time. These refusals shall be
documented and placed in the child's record.

(1)
Written policy procedure, and practice
grant juveniles the right to receive visits, subject only to the limitations
necessary to maintain facility order and security.

(2)
Provisions in the plan shall allow for
exceptions to the regularly scheduled hours to accommodate parent's work
schedules, illnesses or other reasonable requests.

(3)
Visitations should be conducted in a
manner which provides as much privacy as possible and subject only to the
limitation necessary to maintain order and security.

(4)
Written policy and procedure specify that
visitors register upon entry into the detention center and specify the
circumstances under which visitors are searched.

(5)
A visitation may be denied if there
exists reasonable suspicion to believe that the visit might endanger the
security of the detention center, but shall not be restricted as a punishment
for the child's behavior in the facility. Reasons for denial of a visit shall
be in writing and placed in the resident's detention record.

(6)
Except where a court order exists to the
contrary, residents shall be allowed the freedom to correspond. The detention
center shall provide each resident with at least two first class stamps per
week.

(7)
No correspondence to or
from residents shall be censored. No correspondence to or from a resident shall
be read by staff unless the detention center director, or designee, has
reasonable suspicion to believe the content of the correspondence may incite to
endanger the detention center order or security. If correspondence is read, the
child must be informed.

(8)
All
incoming and outgoing mail is forwarded within twenty-four hours, excluding
weekends and holidays.

(10)
The detention center will provide
postage for residents to correspond with their attorney of record.

(11)
Children are provided reasonable access
to telephone communication with community agency professions and parents,
subject only to those limitations necessary to maintain detention center order
and security.